Agenda 04/27/2010 Item #16E 7
Agenda Item No. 16E7
April 27,2010
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve, and authorize the Chairman to sign, the
documents required to install a fence along the southern boundary of the
Railhead Scrub Preserve to deter vehicle trespass and illegal dumping.
OBJECTIVE: To facilitate the installation of a fence along the boundary of Railhead
Scrub Preserve in order to deter unauthorized vehicle trespass and illegal dumping.
CONSIDERATIONS: A Florida Power and Light (FPL) power line maintenance
easement exists within the southern portion of Railhead Scrub Preserve, formerly
known as RR Land Trust. In accordance with the RR Land Trust Interim
Management Plan, approved by the Board of County Commissioners (Board) on
September 25, 2007 (Agenda Item 16E5), Conservation Collier staff is preparing to
fence the southern boundary of Railhead Scrub Preserve. FPL requires that the
Board enters into a Right of Way Consent Agreement for Fencing and a
Memorandum of Right of Way Consent Agreement prior to fence and gate
installation.
FISCAL IMPACT: There will be a $36.20 Clerk of Courts recording fee for the
Memorandum of Right of Way Consent Agreement. Funds for this fee are available
within the Conservation Collier Land Management Fund 174.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient-JBW.
RECOMMENDATION: That the Board approves, and authorizes the Chairman to
sign, the documents required to install a fence along the southern boundary of the
Railhead Scrub Preserve to deter vehicle trespass and illegal dumping.
PREPARED BY: Melissa Hennig, Principal Environmental Specialist, Conservation
Collier Program, Department of Facilities Management
Agenda Item No. 16E7
April 27, 2010
Page 2 of 13
Structure No.: 84M5 to 84M8
Section, Township, Range: 15-48-25
RIGHT -OF-WAY CONSENT AGREEMENT FOR FENCING
FLORIDA POWER & LlGIIT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000,
Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby
consents to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA., AS THE
GOVERNING BODY OF COLLIER COUNTY, whose mailing address is 330 I Tamiami Trail East, Naples, FL,
34112, hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain
agreement recorded in Book 30, at Page 27, public Records of Collier County, Florida. The said area within
Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit itA" attached
hereto. The use of the Lands by Licensee, shall be solely for the purpose of fencing and gates as shown on the plans and
specifications submitted by Licensee, attached hereto as EKhibit "B".
In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars
and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows;
1. Licensee hereby confums ownership of the Lands, and agrees to obtain any and all applicable federal,
state, and local penuits required in connection with Licensee's use of the Lands; and at all times, to comply with all
requirements of aU federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of
the Lands by Licensee pursuant to this Agreement
2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate
to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors
accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make
improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or
improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter
upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest,
Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities, which interfere with or
prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities.
Licensee agrees to relocate, alter, or remove said facilities within thirty (30) days of receiving notice from Company to
do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and
expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or
removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of
Licensee's facilities and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in
connection therewith upon demand.
3. Licensee agrees that it wm not use the Lands in any manner which, in the opinion of Company, may
tend to interfere with Company's use of tile Lands or may tend to cause a hazardous condition to exist. Licensee agrees
to properly ground the fence in accordance with the FPL specifications, attached hereto as Exhibit "C".
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using
any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing
grade and further agrees that no dynamite or other e"..plosives shall be used within the Lands and that no aheration of the
existing temlin, including the use of the Lands by Licensee as provided herein, shall be made which will result in
preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee
agrees to maintain a forty (40) foot wide setback, twenty (20) feet on each side, from Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not to
exceed, at maturity, a height offourteen (14) feet above existing grade. Licensee hereby agrees to maintain the height of
all vegetation on the Lands at a height not to exceed fourteen (14) feet above existing grade.
l'or:n 37QO Rev. 10/'1/95
Page 1 of 3
Agenda Item No. 16E7
April 27, 2010
Page 3 of 13
6. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a
non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above
existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed
within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be
buried at a minimum depth of one (I) foot below existing road grade.
7. Licensee agrees to warn its employees. agents, contJ:actors and invitees of the fact that the electrical
facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and
agrees to use all safety and precautionary measures when working under or near Company's facilities.
8. The l.ISe of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is
specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use
of the Lands for its purposes.
9. Notwithstanding any provision contained herein. Licensee agrees to reimburse Company for all cost
and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that it in the
opinion of Company, it becomes necessary as a resuh of Licensee's use of the Lands for Company to relocate, rearrange
or change any of its facilities, to promptly reimburse CompaTl)o' for aU cost and expense involved with such relocation,
rearrangement or change.
10. Licensee agrees. at all times. to maintain and keep the Lands clean and free of debris.
1 J . Each party hereto agrees that it shaU be responsible for its own negligent acts or omissions. Nothing
contained in the Section shall be construed to be a waiver or any protections under sovereign immunity, Section 768.28,
Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by
either party to be sued by third parties in any matter arising out of this Agreement
12. This Agreement will become effective upon execution by Company and Licensee and will remain
in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier
terminated upon ninety (90) days written notice by Company to Licensee. or at the option of Company, immediately
upon Licensee failing to comply with or to abide by any or all ofthe provisions contained herein.
13. The term "Licensee" shall be construed as embmcing such number and gender as the character ofthe
party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and
binding as to each, including its SUccessors and assigns, upon this Agreement being executed by Licensee and subject to
no conditions precedent or otherwise.
14. Should any provision of this Agreement be detennined by a court of competent jurisdiction to be
illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event
of any litigation arising out of enforcement of this Consent Agreement. the prevailing party in such litigation shall be
entitled to recovery of all costs. including reasonable attorneys' fees.
15. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior
written consent of the company, which consent shall not be unreasonably withheld.
(Acknowledgement on following page)
Form 3~qO Rev. 10/9/95
Page 2 of 3
Agenda Item No. 16E7
April 27, 2010
Page 4 of 13
The parties have executed this Right-of-Way Consent Agreement this _ day of
20_.
Wimesses for Company:
~
Name: Kelly J.lopez
/~ ',. ;,/l/,
&,~ ld'tl. /Ll J A.. b" "
Name:' /)' 1-/ d E'7'E' A ( , />.,1/\1 A.f
Dated:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
~5u~
Print Name: ::r~ IV tJ \ ~ \2.. 13. ~ \ "\ z..
Assistant County Attorney
Dated:
~~{\\
\'1 ,~O\O
.
Company:
FLORIDA POWER & LIGHT COMPANY,
A Florida corporation
By. c::;:?/ / {) - --
West Area Real Estate Manager
Licensee:
COLLIER COUNTY BOARD OF COUNlY
COMMISSIONERS AS GOVERNING BODY OF
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Page 3 of 3
form 3740 Rev. l0/9/9~
Agenda Item No. 16E7
April 27, 2010
Page 5 of 13
EXHIBIT .. A"
That portion of tile 100 foot wide FPL right of way located in the North 2030.00 feet of tile West Y.i of the
Northeast l,4 of Section IS, Township 48 South, Range 25 East, Collier County, Florida lying west of the
Atlantic Coast Line Right of Way less the North 50.00 thereof.
Conservation Collier Railhead Scrub Preserve South Proposed Fence
o tion 2
.+2
3
" 'Duto 80arcet Parcels lmd 2009 a_Is. com... c_,
..........,...rty Appraiser CRllt... Bit. GI8\KW\FocUltlo.
~: O....C......."....lon Coll1....II...plll
~t" Acquired propo.uonlRlOIlhood Sc.....IPermlt Mo""lftollheoci FPL Fence Map.......
~,~ D....el 3.2.10 - - -
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90
1
c ti!fi~'.'::" Uti tl'
160 Feet
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Agenda Item No. 16E7
Apri,~l.201 0
EKfclgww BBf3
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Agenda Item No. 16E7
April 27, 2010
Page 7 of 13
GROUNDING OF
CHAIN l.INK a INDUSTRIAl. TYPE
FENCES AND GATES
"'I>cr.-lc..u _.ot...
I'or IIooaIlIIf '" P_../8. ..- rod to N cw
d 100,1 100-.. -r- .~ a..Ddalll. (1:.o-()3eo...l) '-
G_I_llIpooL"_"'llut_~_.._ Dri:'=-
__100 11M....1tI Uit~.af_ _t.....
- a_. Iho _III JI'PL ..""'.....,. 0rq0000I ....
II ft...... _ FPL flIIIl"""~" fttlI ...
DETAIL 2
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TRANSMISSION
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INSTALLATION SPECIFICA,T10NS
SECTION 2.0 SHeET I Of'l
(TR.rS,-) A-S8019-1
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Agenda Item No. 16E7
April 27, 2010
Page 8 of 13
FIELD
GROUNDING QF
WIRE & BARBED WIRE TYPE
FENCES AND GATES
~O" BONDING TO
I'ENCE WIRE. SEE
DETA'LS 5 Oft "
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0:
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l SEE PETAII. S ~XU"UM SE"'''ATlON
DETAIL 1
LOCATlOH '" CIIOUI<O$ 0.. FtNCU ~TO _ wnlf'N 'PI. "'CIfT-OI'.wn
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WAX_ S[PAItATION j
GROUND rtNCr AT 1'0$1 N!!:AIlEST TO Tift CENTER ,,"It 01'
EACH TIlANS""SSION L 'N[ A/oIO AT INTER.AU 0/' NOT "'Oftt
IHAN 150 F[ET ACROSS THE W'DTH 0' F"L 'UO"'-OF-WAT.
CROUII/O FENCE Al F'AST I'OST 'NSII)[ FPL "'C"T-OO'-.A.
ON EACII SIDE:.
DETAIL Z
LOC4TIo.. OF CROUHOS OH nNCES THAT CROSS rPl. IIIGIIT-""WA.
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SEE 1)["11 S FOR I
GATE POST CROUl<llING---'1
Ott...u. ..
GROUNDING CATES 'N FENC($
PAJtAl.Lll "NO Wl1HIN FPl .JGHT..OF.....,
CATE I'OST
80Nll TO FENCE
.,TH AL-C'"
COMI'RESS.QN
CONNECTOR
1203-01010.1)
iCE NOTE 3.
"1'1.
IV"
LIIC
,
'- 5/1 "C.
DRIVEN GROUNll
AOl)S(J;>>OIUllO-51
SEE NOTE Z.
..li!.~
I'ENCE POST _ GATE
I'OS T GROUNlllNG
COUf'LINO
(l5O-ciD$to-" ~_
~OII I......
GROUND IIOll
TO BE USED
ON.. ON
lNSTALLATIOtv
SHOWN 0..
OETAIL 3
ICHO TO tE>4CE
WITIl 4L-CU
CO.\IfIRlSS 'ON
CONNECTOIl
STAPLES
l;
LOCAT'ON or llONDS 0/1
""'tl.ll-WIRE" FENCES
NOTES.
I. F6HCES ANll GATES CROSSING OR PAJlALll"i. "NO ""H.N "PL
TllA~""'$S'ON R'GH1-0I'-WlV SH....L BE GROU>O[D AS
SPECI"EllBEl.OW.
'O! 'ENCES .ONGEIt 'HAN 20 'EET fOAIlA.LEl ANIl .m If IN A
~I'l. R'CHT-Of'-W..v SHALL IE OAOU>OED AT .. ..,N'_
OF 2,-OC..,'ONS WITH A Wo\~I"UM SEPARATION OF
100 rEEl BE TWEEN GItOUllOS. sEt DEl""l. 1.
,'" 'EtiCt5THAT CROSS EPL IIIGHT'OI'-WAY SHALL lIE'
GlIOUNOttl 45 SHOWN ON OnAIL 2.
.." GATES IN FENCes THAT CROSS rl'l. RIC'oHT'OI'-WAV S"4ll.
BE:CIlOllNDED AS 5..0.... IN I)[T A II. 3. GA as,. FCNCES
mAT IUlE PAR"'-LEI. "'NIl WITHIN 'PI. RIGHT.OI"WAY
SIIALL lIE IiROUNOEO AS SHOWN IN DElAIE ..
2. '''ST'''LL~ tNCIl OIANETER COI'I'ERCLAD Roll OR RODS TO
OBTAIN II DlllYEN GItOlJND '" 25 ONWS OIl LESS RESISTANCE.
1HE TOP 01' TilE DRIVEN GROUND Sl<"U lIE 6, INCHES BELOW
THE GIlOllHll LINE.
.1. USE AL-CU COMI'RESS.ON CONNECTORS FOR ...""'._
OIl CALV....rto ~ENCtS.
APPROVED,
TRANSMISSION INSTALLATION SPECIFICATIONS
SUPERSEDES 5-913
L.H.OAVIS
SECTION 2.0
(TR.IS.-)
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E7
April 27,2010
Page 9 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E7
Recommendation to approve, and authorize the Chairman to sign, the documents required to
install a fence along the southern boundary of the Railhead Scrub Preserve to deter vehicle
trespass and illegal dumping.
4/27/20109:00:00 AM
Approved By
Skip Camp, C.F.M.
Administrative Services
Division
Director - Facilities Management
Date
Facilities Management
4/13/20104:19 PM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney
4/14/201010:10 AM
Approved By
Len Golden Price
Administrative Services
Division
Administrator - Administrative Services
Date
Administrative Services Division
4/14/20102:05 PM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
4/19/20102:35 PM
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
Date
County Managers Office
4/20/20101:43 PM
Agenda Item No. 16E7
April 27, 2010
Page100f13
This Instrument Prepared By:
Mark L. Byers
Florida Power & Light Company
P.O. BOX 11119
Saraso~ FL 34230-1119
MEMORA.l'IDUM OF RIGHT "()F-W A Y CONSENT AGREEMENT
THIS MEMORANDUM OF RlGHT -QF-W A Y CONSENT AGREEMENT dated this
_ day of. .,20-, by and between COllIER COUNTY BOARD OF COUNTY
COMMISSIONERS AS GOVERNING BODY OF COLLIER COUNTY, FLORIDA,
(herejnafler refelTed to.' as "Licensee'), and FLORIDA POWER & LIGHT COMPANY, a
Florida ~on (hereinafter referred 10. as "Company").
WITNESSETH:
WHEREA.S, on the _ day of . 20--, Company and Licensee entered into a
written Right-of-Way Cansent Agreement, hereinafter referred to as the "Agreement" related
to certain property situated in the County of Collier. State of Florida as more particularly set
forth in said Agreement and described in Exhibit "A" attached hereto and made a pan hereof
and hereinafter referred to as the ""l.ands", and
'WHEREAS, the parties are desirous of placing their interest therein as a matter of
public record.
NOW TIlEREFORE, in consideration of the mutual covenants herein contained and
the panics intending to be legally bound thereby, the parties hereto. agree as fallaws:
I. The property described in Exhibit'" A" is subject to a
right-of-way in favor of Company recorded in Book 30, Page 27 of the Public Records of
Comer County. Florida.
2. The Agreement provides, among other things. Licensee's right to use the
IAmds for fencing and gates, subject to certain conditions and res1rictions.
3. The Agreement is assignable to purchasers of all or a portion of the Lands
provided that the purchasers assume the Obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed on the
property !Ire strictly limited to those depicted on a certain plan of improvement and are
othen\ise subject to the terms of the Agreement
Agenda Item No. 16E7
April 27,2010
Page 11 of 13
IN WITNESS WHEREOF, the parties have executed lhis Memorandum of Agreement
on the dale hereinabove written.
WilJleJIQ for Company:
Company:
FLORIDA POWER & LIGHT COMPANY,
A Florida corporation
Br- r'l/.k?;--
Mark I... Byers . .
West Area Real Estat~ Mauger
~;tj
Nam~ 1(eHy J.lopez
(.'"
"-{t /-/ ,;:,tC ,~ : . !i'''- ,/""~i '~,'l
Name: ",(}i"~I/ 1"l"r' ,.ii-! ;""?J;\ IE>-~
DaWl:
ATTEST;
DWIGHT E. BROCK, Clerk
Licensee:
COLLIER COUI'\'TY BOARD OF COUNTY
COMMISSIONERS AS GOVERNING BODY OF
COLLIER COUNTY. FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Approved as to form aod
kgal slIfficiency:
~~)U~
5'- rV~ \ f=L'2. B. 1......).1..\ ,,\ L
Assistant CouPt,. Attorney
Dated: Afl': l l"t. 2.0\ 0
I
Agenda Item No. 16E7
April 27, 2010
Page 12of13
State of Florida )
)55:
County of SamSCtr\. )
On this ~ day of ~ 20~. before me, tbe undersigned Notary Public,
personally appeared Mark L. Byers. Area Real Estate Manager of Florida Power & Light
Company, a Florida corporation, personally kno,",n to me lobe the person who subscribed to
the foregoing instrument and acknowledged that he/she executed the same on behalf of said
corporation and that he/she was duly authorized to do so.
(.,eol)
In Witness Whereof. J hereunto set my hand and official seal.
NOTARY~OroDA
Print Name: Kelly J~ Lopez
NOT.A,RY PUBUC-STATE Of FLORIDA
W Kelly J. Lopez
Commission # DD546981
Expires: M,W 01, 2010
Bond!:" 'film }.tlantit Bonding Co., lrn:.
Commission No.:
My Commission Expires:
Agenda Item No. 16E7
April 27, 2010
Page 13 of 13
EJ..JJmIT"" "
The North 2030.00 feet of the West ", oftbe Northeast 'I. ofSettion 15, Township 48 South, Range 25 East, Collier
CoUllt)', Florida I)'iog west of the Atlantic Coat Line Right of Way less the NortI1 50.00 tbmlof
I